SF 3110

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 01:59pm

A bill for an act
relating to education; establishing high school assessments to determine college
and career readiness; amending Minnesota Statutes 2009 Supplement, section
120B.30, subdivision 1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 1, is
amended to read:

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section 120B.021, include multiple choice questions,
and be administered annually to all students in grades 3 through 8. State-developed high
school tests aligned with the state's required academic standards under section 120B.021
and administered to all high school students in a subject other than writing must include
multiple choice questions. The commissioner shall establish one or more months during
which schools shall administer the tests to students each school year. For students enrolled
in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading,
mathematics, and writing shall fulfill students' basic skills testing requirements for a
passing state notation. The passing scores of basic skills tests in reading and mathematics
are the equivalent of 75 percent correct for students entering grade 9 based on the first
uniform test administered in February 1998. Students who have not successfully passed
a Minnesota basic skills test by the end of the 2011-2012 school year must pass the
graduation-required assessments for diploma under paragraph (b).

(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the deleted text begin 2013-2014 deleted text end new text begin 2014-2015 new text end school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.

(c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;

(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individual education plan; or

(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.

(d) Students enrolled in grade 8 in any school year from the 2005-2006 school
year to the 2009-2010 school year who do not pass the mathematics graduation-required
assessment for diploma under paragraph (b) are eligible to receive a high school diploma
with a passing state notation if they:

(1) complete with a passing score or grade all state and local coursework and credits
required for graduation by the school board granting the students their diploma;

(2) participate in district-prescribed academic remediation in mathematics; and

(3) fully participate in at least two retests of the mathematics GRAD test or until
they pass the mathematics GRAD test, whichever comes first. A school, district, or
charter school must place a student's highest assessment score for each of the following
assessments on the student's high school transcript: the mathematics Minnesota
Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing
Graduation-Required Assessment for Diploma, and when applicable, the mathematics
Graduation-Required Assessment for Diploma and reading Graduation-Required
Assessment for Diploma.

In addition, the school board granting the students their diplomas may formally
decide to include a notation of high achievement on the high school diplomas of those
graduating seniors who, according to established school board criteria, demonstrate
exemplary academic achievement during high school.

(e) The 3rd through 8th grade and high school test results shall be available to
districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the high school test results upon receiving those results.

(f) The 3rd through 8th grade and high school tests must be aligned with state
academic standards. The commissioner shall determine the testing process and the order
of administration. The statewide results shall be aggregated at the site and district level,
consistent with subdivision 1a.

(g) In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations or alternate
assessments;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 120B.30, is amended by adding a
subdivision to read:

new text begin Subd. 1b. new text end

new text begin High school assessments. new text end

new text begin (a) The commissioner shall establish a system
of high school assessments to provide information on the college and career readiness of
Minnesota students and fulfill federal accountability requirements.
new text end

new text begin (b) The commissioner shall establish a reading and writing high school exam given
at the end of grade 10. The reading and writing exam and its procedures shall:
new text end

new text begin (1) be aligned to the most recent academic content standards as required under
subdivision 1, paragraph (b);
new text end

new text begin (2) produce independent scores for each content area;
new text end

new text begin (3) include on the reading portion of the exam both multiple-choice and open-ended
items to assess skills defined in the state's academic content standards;
new text end

new text begin (4) be designed for computer administration and scoring;
new text end

new text begin (5) allow for retests of either the reading or writing portions of the exam using
computer administration at frequent intervals;
new text end

new text begin (6) use achievement level descriptors in both reading and writing that define a
student's preparedness for college or career;
new text end

new text begin (7) be required of all general education students to achieve passing scores in both
reading and writing established through a professionally recognized methodology to
be eligible for graduation;
new text end

new text begin (8) require a student to participate in a locally developed remediation plan if the
student does not achieve a passing score after two retest opportunities;
new text end

new text begin (9) allow for a state-level student appeal process established by the commissioner to
waive the assessment requirement for a limited number of students available only in the
second semester of their senior year who are unable to demonstrate proficiency of reading
or writing knowledge and skills on the assessment; and
new text end

new text begin (10) allow for a student to meet this exam requirement through alternative methods
that shall include:
new text end

new text begin (i) passing another state's federal accountability exam requirements in the relevant
subject of reading or writing;
new text end

new text begin (ii) achieving a passing status at an individual level in a manner prescribed by the
commissioner if the student has an active Individualized Education Plan;
new text end

new text begin (iii) waiving the required exam for the student who is an English language learner
as defined under section 124D.59, and who has been in the United States for fewer than
four years;
new text end

new text begin (iv) achieving a college-credit score on a College-Level Examination Program
(CLEP) of Analyzing and Interpreting Literature or Freshman College Composition for
the corresponding subject of the exam; or
new text end

new text begin (v) achieving a college readiness score in the relevant subject on the ACT or SAT
exam.
new text end

new text begin (c) The commissioner shall establish statewide end-of-course exams in subjects
equivalent to advanced high school algebra and biology. These exams and their procedures
shall:
new text end

new text begin (1) be aligned to the most recent academic content standards as required under
subdivision 1, paragraph (b);
new text end

new text begin (2) include both multiple-choice and open-ended items that assess the appropriate
algebra and biology knowledge and skills as defined in the state's academic content
standards and as documented in the Minnesota Common Course Catalog;
new text end

new text begin (3) be designed for computer administration and scoring;
new text end

new text begin (4) be administered at regular intervals that allow for sufficient administration
flexibility to align to the most common high school scheduling configurations;
new text end

new text begin (5) establish levels of achievement on the exams through a professionally recognized
methodology;
new text end

new text begin (6) use achievement level descriptors that define a student's preparedness for college
or career;
new text end

new text begin (7) be a component of the student's overall course grade equivalent to 25 percent in
the corresponding course;
new text end

new text begin (8) require a student who does not pass the associated course in advanced high
school algebra or biology to retake the course or complete a district-authorized credit
recovery class and retake the state end-of-course assessment within a regularly scheduled
administration window with the exam being a component of the student's overall course
grade equivalent to 25 percent;
new text end

new text begin (9) allow for a student to meet this exam requirement through alternative methods
that shall include:
new text end

new text begin (i) passing another state's requirements in advanced high school algebra or biology;
new text end

new text begin (ii) achieving a passing status at an individual level in a manner prescribed by the
commissioner if the student has an active Individualized Education Plan;
new text end

new text begin (iii) waiving the required exam for the student who is an English language learner
as defined under section 124D.59, and who has been in the United States for fewer than
four years;
new text end

new text begin (iv) achieving the mathematics or science college readiness score on the ACT or
SAT exam;
new text end

new text begin (v) earning credit under section 120B.024 and scoring at or above the college and
career-ready performance level on the exams;
new text end

new text begin (vi) achieving a college-credit score on a College-Level Examination Program
(CLEP) of College Algebra or Biology; or
new text end

new text begin (vii) achieving a score on an equivalent Advanced Placement or International
Baccalaureate exam that would earn credit at a four-year college or university;
new text end

new text begin (10) calculate and make public an alignment index that compares final grades of
students in these courses with their scores on the corresponding end-of-course exam
beginning in the 2015-2016 school year, in a manner prescribed by the commissioner,
with three years of research and analysis, and with preliminary results being shared
with districts in each of the three years of research and analysis leading up to the final
alignment index;
new text end

new text begin (11) require schools that are highly misaligned for two consecutive years to
send written notification to all parents in grades 7 to 12 in a manner prescribed by the
commissioner;
new text end

new text begin (12) use school district funds in a manner consistent with section 122A.60,
subdivision 1a, paragraph (a), to correct the misalignment when schools are highly
misaligned for two consecutive years; and
new text end

new text begin (13) require the school and its district that are designated under clause (10) as highly
misaligned for two consecutive years in the course of record to reimburse the student's
institution of higher education for one remediation course per subject required of the
student prior to enrolling in a credit-bearing course in algebra or biology if the student
enrolls in a Minnesota institution of higher education within 12 months of graduation.
new text end

new text begin (d) The college and career readiness achievement level of the student shall be noted
on the student transcript for each subject under this subdivision.
new text end

new text begin (e) The requirements of this subdivision are effective for the students who enter
grade 8 in the school year 2010-2011 or later. The commissioner may establish a transition
period where students who enter grade 8 in the school years of 2010-2011 or 2011-2012
may graduate under the Graduation-Required Assessment for Diploma requirements as
defined in section 120B.30, subdivision 1, or through a staged implementation of this
subdivision until the 2012-2013 school year. During this transition period, the proficiency
of any interim passing score in reading or writing must be comparable in rigor to the
passing scores currently required for reading and writing under the Graduation-Required
Assessments for Diploma. The commissioner may seek implementation timeline waivers
from the legislature if system development considerations warrant such adjustment. Such
waivers or adjustments would include the reauthorization of the federal Elementary and
Secondary Education Act or other federal education initiatives that affect assessment and
accountability of schools.
new text end

new text begin (f) The commissioner shall develop additional end-of-course exams for statewide
use in geometry, chemistry, and physics to be required for use by high schools beginning
in the 2015-2016 school year.
new text end

new text begin (g) The commissioner shall develop benchmark assessments for statewide use
that are aligned with the high school algebra end-of-course exam. The commissioner
shall also provide districts with access to an item bank that teachers can use to create
classroom-based formative assessments that help students prepare for the algebra
end-of-course exam.
new text end

new text begin (h) The commissioner shall expand the membership and purpose of the Assessment
Advisory Committee established under section 120B.365, to include assessment experts,
practitioners, and other appropriate stakeholders to monitor the implementation of the
exams and policies affected by this subdivision. This committee shall report annually by
January 15 to the commissioner and the legislative committees having jurisdiction over
kindergarten through grade 12 education on the implementation of the requirements of
this subdivision.
new text end

new text begin (i) The commissioner shall contract for at least two independent studies at
two-year intervals to evaluate the implementation and effects of the requirements of this
subdivision. The results of the first study shall be provided to the legislative committees
having jurisdiction over kindergarten through grade 12 education by January 15, 2015.
The results of the second study shall be provided to the legislative committees having
jurisdiction over kindergarten through grade 12 education by January 15, 2017.
new text end